THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FRAZIONATA LLC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, PARTNERS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS (HEREINAFTER “FRAZIONATA”). BY ACCESSING AND USING FRAZIONATA’S WEBSITE, SOFTWARE AND SERVICES (COLLECTIVELY THE “WEBSITE”) YOU HAVE INDICATED THAT YOU HAVE READ AND AGREE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT (HEREINAFTER “TERMS”). FRAZIONATA RESERVES THE RIGHT TO CHANGE THIS WEBSITE OR ANY COMPONENT THEREOF AT ANY TIME WITHOUT NOTICE. FRAZIONATA MAY ALSO CHANGE THESE TERMS AND/OR OTHER POLICIES, GUIDELINES OR DOCUMENTATION ASSOCIATED WITH THIS WEBSITE AND YOUR USE OF THE SAME AFTER ANY SUCH CHANGE INDICATES ACCEPTANCE OF SUCH NEW TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT USE THIS WEBSITE.
By using any elements of this Website you represent that (i) you have read and understood these Terms and agree to be bound by all terms and conditions and (ii) you are at least 18 years of age. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this agreement, do not utilize or access any part of this Website.
You acknowledge and agree that you may be subject to additional terms and conditions pertaining to third party sites and services, as accessed through this Website. Frazionata is not responsible for any content on any linked site and if you access such a third party site from this Website, you do so at your own risk. Frazionata will not be responsible for any loss or damage you suffer as a result of your interaction with such third party sites. Frazionata does not represent that the this Website, the Protected Materials (as defined below) or any other information available from this Website are appropriate or available for all ages or for all persons or for use in all geographic locations and accessing the same from certain locations, especially some outside the United States, may be illegal and prohibited.
If you choose to use the Website, you agree:
1. To download, print or email Protected Material from this Website only as required to evaluate whether the goods and services of Frazionata are appropriate for you or your friends;
2. Not to use any automated process to download, print or email Protected Material from this Website other than those provided by Frazionata for the intended purpose;
3. Not to modify any Protected Materials;
4. Not to remove any copyright, trademark or other proprietary notices place on the Protected Materials; and
5. Not to reverse engineer, copy, create derivative works of or otherwise attempt to determine any code or trade secrets of or pertaining to the Protected Materials.
With respect to interactive areas, you agree:
1. You are solely responsible for your use of any interactive areas and you use them at your own risk.
2. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or other materials that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, an invasion of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Any content that would encourage or provide instructions for a criminal offense, violate the rights of another or would create liability for or violate any applicable law, rule or regulation;
c. Any content that may infringe any intellectual property right of any party;
d. Any content that impersonates another or misrepresents your identity or affiliation with another person or entity;
e. Unsolicited promotions, campaigns, advertising or solicitations;
f. Private information of yours or any other person;
g. Viruses, corrupted data or any harmful or destructive files;
h. Content unrelated to the topic posted or being discussed; and
i. Content that, in the sole judgment of Frazionata, is objectionable or which diminishes other users’ experience, or which may expose Frazionata or its affiliates to harm or liability of any type.
By posting content to any interactive area you (i) grant Frazionata and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish and display such content throughout the world in any media now known or hereafter devised; (ii) grant Frazionata and its affiliates the right to use the name you submit in connection with such content; (iii) represent and warrant that you own and control all rights to such content or otherwise have the lawful right to post it; (iv) such content is accurate and not misleading; and (v) such content does not violate these Terms.
Any use of the interactive portions of the Website in violation of this Agreement may result in removal of your content, or termination or suspension of your rights to use such interactive areas and/or the Website in general. Frazionata will cooperate with all legitimate governmental requests, subpoenas or court orders it receives and may access and disclose all information it considers necessary or appropriate.
Ownership and License
You acknowledge and agree that Frazionata owns all legal right, title and interest in and to the Website and nothing in these Terms gives you the right to use any Frazionata trade names, trademarks, service marks, logos, domain names or other brand features. All software, graphics, content, trademarks, service marks and/or trade names appearing on this Website and any other copyrightable elements available from this Website are the property of Frazionata or its licensors and are protected pursuant to U.S. and foreign copyright and trademark laws. All text, images, trademarks, logos, compilations and other content and any of the foregoing sent to you by email or other means are the proprietary property of Frazionata or its licensees (defined as “Protected Materials”). Unless expressly permitted by Frazionata, you agree not to reproduce/copy, modify, create derivative works from, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate (including linking to) any Protected Materials, or make any commercial use of this Website. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this Website.
You expressly agree not to use this Website and/or the Protected Materials: (i) in conjunction with any device or service designed to circumvent technological measures employed to control access to, or rights in, any content or other work protected by the copyright laws of any jurisdiction; (ii) to use any data mining, robots or similar data gathering and /or extraction tools in connection with this Website; (iii) to obtain any personal information about any business or user of this Website or to obtain a list of Website businesses or users; (iv) to copy, modify, erase or damage any Protected Materials or other information available from this Website or any related servers; (v) to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property rights, or to take any action that is otherwise objectionable; (vi) for any commercial use not intended by this Website; or (vii) for illegal purposes.
Frazionata may display advertisements, sponsorships and/or promotions on this Website in any location, in any way and at any time, without notice to you. These advertisements may be targeted to the content or information presented. In exchange for Frazionata granting you access to the Website, you agree that Frazionata may include such advertising and may collect, without payment to you or others, any resulting advertising revenues. Your dealings or participation in promotions or with such advertisers are solely between you and such third party and Frazionata is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of third party advertisers on the Website.
Frazionata may modify or terminate this Website for any reason, with or without notice, and has the right to terminate this agreement with or without cause at any time.
Warranties and Disclaimers
THIS WEBSITE IS DESIGNED TO PROVIDE INFORMATION TO THOSE INTERESTED IN FRACTIONAL INVESTMENTS AND DOES NOT PROVIDE SPECIFIC RECOMMENDATIONS OR ADVICE. BEFORE PURCHASING ANY REAL ESTATE, IT IS YOUR RESPONSIBILITY TO PERFORM YOUR OWN DUE DILIGENCE AND TO CHECK WITH YOUR ATTORNEYS, FINANCIAL ADVISORS, ACCOUNTANTS AND TAX PLANNERS TO ENSURE THAT YOUR DECISION IS RIGHT FOR YOU. YOU AGREE NOT TO RELY ON ANY INFORMATION OR REPRESENTATION MADE ON THIS WEBSITE IN FORMULATING YOUR DECISION AND YOU AGREE THAT FRAZIONATA MAKES NO REPRESENTATION OR WARRANTY AS TO THE ADVISABILITY OF ANY DECISION YOU MAY MAKE OR THE FINANCIAL CONSEQUENCES THEREOF AND YOU HEREBY INDEMNIFY AND AGREE TO HOLD FRAZIONATA HARMLESS FROM AND AGAINST ANY HARM OR LIABILITY INCURRED AS A RESULT OF ANY INVESTMENT DECISION YOU MAKE. FRAZIONATA DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THIS WEBSITE, INCLUDING ANY CONTENT OR SERVICES, THE COMPLETENESS, THE LEGALITY OR THE RELIABILITY OF THE CONTENT, AND ANY INFORMATION OR MATERIAL DISPLAYED ON THIS WEBSITE. FRAZIONATA DOES NOT GUARANTEE THAT ANY PROPERTY PRESENTED FROM THIS WEBSITE WILL BE AVAILABLE TO PURCHASERS; IMAGES ON THIS WEBSITE ARE EXAMPLES OF THE TYPES OF PACKAGES FRAZIONATA OFFERS, AND NOT NECESSARILY THE ACTUAL HOMES, YACHTS OR VEHICLES AVAILABLE FOR PURCHASE. NO STATE OR FEDERAL AGENCY HAS EXAMINED THIS WEBSITE, NOR HAS IT BEEN REGISTERED IN, OR APPROVED BY ANY GOVERNMENTAL AGENCY. THE MATERIAL ON THIS WEBSITE IS NOT INTENDED FOR VIEWING OR TO BE A SOLICITATION OF INTEREST IN ANY JURISDICTION WHERE ADVERTISING REQUIRES REGISTRATION OR FILING, OR IS PROHIBITED BY LAW. ANY FRAZIONATA PURCHASE WILL BE CONDITIONED UPON THE EXECUTION OF ADDITIONAL DOCUMENTATION, THE TERMS OF WHICH WILL SUPERCEDE THE TERMS SET FORTH IN THIS AGREEMENT.
TO THE EXTENT PERMITTED BY LAW, THIS WEBSITE, THE PROTECTED MATERIALS, AND OTHER INFORMATION AVAILABLE FROM THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR QUIET ENJOYMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE U.C.C. WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.
ALTHOUGH FRAZIONATA IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED THROUGH ITS WEBSITE AND HAS NO OBLIGATION TO SCREEN OR MONITOR SUCH CONTENT, IT RESERVES THE RIGHT AND ABSOLUTE DISCRETION TO REMOVE, SCREEN OR EDIT WITHOUT NOTICE ANY CONTENT POSTED ON THE WEBSITE AT ANY TIME AND FOR ANY REASON.FRAZIONATA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE. FRAZIONATA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY INFORMATION PROVIDED ON THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY FRAZIONATA SERVICES. THEREFORE, YOU AGREE TO ASSUME THE ENTIRE RISK WITH RESPECT TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF INFORMATION AVAILABLE FROM THIS WEBSITE INCLUDING ANY AND ALL OBJECTIONABLE OR OFFENSIVE CONTENT OR VIRUS-RELATED DANGERS EXISTING ON THIS WEBSITE AND/OR IN ANY PROTECTED MATERIALS, CONTENT, ADS OR OTHER INFORMATION AVAILABLE FROM THIS WEBSITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL FRAZIONATA OR ITS LICENSORS BE LIABLE TO YOU, YOUR FRIENDS, YOUR CUSTOMERS OR ANY USER OF THE WEBSITE FOR USE OR MISUSE OF OR RELIANCE ON THE CONTENT ON THIS WEBSITE. WITH RESPECT TO ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE AND SIMILAR DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF FRAZIONATA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE WEBSITE OR THE CONTENT CONVEYED THEREBY, FROM THE EFFECTIVENESS OR INEFFECTIVENESS OF THE WEBSITE, FROM THE CONTENT AVAILABLE FROM THE WEBSITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY INFORMATION PROVIDED ON THE WEBSITE AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO ATTORNEYS FEES, THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST DATA. YOU ACKNOWELDGE THAT THE ECONOMIC TERMS OF THIS AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK WAS SIGNIFICANT INDUCEMENT FOR FRAZIONATA TO PROVIDE AND MAINTAIN THIS WEBSITE AND THE PROTECTED MATERIALS HEREIN.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Frazionata harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation(s) of these Terms or your violation of the rights of a third party.
You understand and agree that any unauthorized use of this Website would result in irreparable injury to Frazionata for which money damages would be inadequate, and in such event Frazionata will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that Frazionata may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
Because this Website is published on the Internet, it is accessible by all states and many countries in the world. As a condition to your use of this Website, regardless of your geographic location and the laws applicable in your jurisdiction, you agree that all matters arising from or relating to the use and operation of this Website will be governed by the laws of the State of Florida, without regard to conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Broward County, Florida or the United States District Court, Southern District of Florida to resolve any disputes arising and you consent to the personal jurisdiction of such courts over you and covenant not to assert any objection to proceeding in such courts. You are responsible for compliance with all local laws of your location.
Frazionata, and the Frazionata logos are trademarks, service marks or service names of Frazionata LLC and other trademarks contained on this Website or in the content are trademarks or registered trademarks of Frazionata or its businesses, licensors or third parties, in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the content. These Terms do not authorize you to use Frazionata or its licensors’ names or any of their respective trademarks.
These Terms contain the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of Frazionata to exercise any of its rights under these Terms or upon any breach of these Terms shall not be deemed a waiver of those rights or of the breach or of any subsequent default or breach. If any provision of these Terms shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The enumeration and headings contained in these Terms are for convenience only and are not intended to have any substantive significance interpreting these Terms. You agree that there are no third-party beneficiaries to these Terms. These Terms will bind and inure to the benefit of Frazionata successors and assignees, but are personal to you and may not be transferred, assigned or delegated. In each case these Terms shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. Frazionata complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. 512, as amended). If you have any questions regarding these terms and conditions, or regarding any other aspects of this Website, please use the “Contact Us” form.
Any correspondence, notice or request permitted to be given under or in connection with these Terms or the subject matter hereof shall be sent by fax and prepaid, certified, first class mail, or courier service directly to Frazionata addressed as follows:
1038 East Las Olas Boulevard
Fort Lauderdale, FL 33301